ML20273A004

Exhibit 3 to Fasken and Pblros Combined Notice of Appeal and Petition for Review of Atomic Safety Licensing Boards Denial of Motion for Leave to File Amended Contention and Motion to Reopen the Record

ML20273A004
Person / Time
Site:	HI-STORE
Issue date:	08/12/2020
From:	Fasken Land & Minerals, Ltd, Kanner & Whiteley, Permian Basin Land and Royalty Owners
To:	NRC/OCM
SECY RAS
Shared Package
ML20273A000	List: ML20273A001 ML20273A002 ML20273A003 ML20273A004
References
ASLBP 18-958-01-ISFSI-BD01, RAS 55805, Holtec International
Download: ML20273A004 (3)

Text

Exhibit 3 August 12, 2020 Kristine L. Svinicki Chairwoman U.S. Nuclear Regulatory Commission One White Flint North 11555 Rockville Pike Rockville, MD 20852-2738

Subject:

August 5, 2020 Oral Argument on Docket No. 72-1051-ISFSI (ML20177A577) before the Atomic Safety and Licensing Board (ALSB)

Dear Chairwoman,

I am writing to register my strongest protest in regard to the manner in which the subject hearing was conducted.

On August 5th, 2020, Fasken Land and Minerals, Ltd. and Permian Basin Coalition of Land and Royalty Owners and Operators (Petitioners) were prepared to present information to Judges Ryerson, Trikouros, and Arnold in the matter of ASLBP No.

18-958-01-ISFSI-BD01 and supportive of our two motions before the Board.

As set out by the July 25th ALSB subject Order, Petitioners were ... prepared to respond to the Boards questions on any aspect of the pleadings. We had been informed that we would be allowed to discuss and present information supporting our position. We were asked to introduce the persons making appearances at the outset of the call and did so, identifying both our counsel and our technical experts.

When the time came for our planned presentations to be made, we were not allowed to present the information. Judge Ryerson revoked our ability to have our experts heard and confined comments only to counsel, not the enumerated persons who had notified the ALSB at the outset that they were planning and prepared to comment on the matters before the Board.

If we had been notified in advance that only counsel would have been able to address the Board, we would have altered our presentation to present those facts. As it stands now, we were denied the ability to effectively defend the merits of our motions and several questions from the judges went unanswered as a result. From the meeting audio, you clearly hear multiple attempts to bring on the persons with the expertise to answer the questions while being denied the right to address those questions by the Chairman.

Petitioners have every right to fully and openly address the ALSB in regard to our motions and in a manner that speaks to the appropriate protections of our substantial assets, including our combined several hundred thousand acres of land, as well as significant mineral reserves that provide the United States with much needed energy security and independence.

We are very disappointed with the treatment we received by the ALSB Chairman that severely curtailed our ability to present the prepared defense of our motions. It is our sincere hope that both you and the Commission take appropriate measures to address this violation of our right to a fair hearing and to ensure such violations are not repeated in the future.

Thank you for your assistance in this matter.

/electronically signed by Monica Perales Monica Renee Perales, Esq.

6101 Holiday Hill Road Midland, TX 79707 Phone (432)687-1777 Attorney for Petitioners Fasken Land and Minerals, Ltd. and Permian Basin Coalition of Land and Royalty Owners and Operators